Docket Number:2849 MOORE FLESHER TRUCKING CO., INC. Dwight L. Koerber Jr., Esquire VS. COMMONWEALTH OF PENNSYLVANIA STATE WORKMEN S INSURANCE FUND Roger H. Caffier, Chief Counsel Peter Von Getzie, Assistant Counsel
March 31, 1999 *Claim and filing fee filed by attorney for Plaintiff. Amount of Claim: $38,000.+ April 8, 1999 Copy of Claim forwarded to attorney for Defendant and Chief Deputy Attorney General. ANSWER DUE FROM DEFENDANT [May 7, 1999.] April 13, 1999 Notice of Service filed by attorney for Plaintiff. Copy forwarded to attorney for Defendant by attorney for Plaintiff. April 16, 1999 Acceptance of Service of Claim received from Chief Deputy Attorney General. Receipt of same acknowledged by Chief Deputy Attorney General April 14, 1999. April 19, 1999 Acceptance of Service of Claim received from Chief Deputy Attorney General. Receipt of same acknowledged by Chief Deputy Attorney General April 12, 1999. May 17, 1999 Defendant s Preliminary Objections to Plaintiff s Complaint as well as Brief in Support of Preliminary Objections, Commonwealth of Pennsylvania, Department of Labor and Industry, State Workers Insurance Fund and Proposed Order filed by attorney for Defendant. Copy forwarded to attorney for Plaintiff by attorney for Defendant. June 7, 1999 *Plaintiff s Amended Complaint filed by attorney for Plaintiff. AMOUNT OF CLAIM: UNCHANGED. June 17, 1999 Motion to Compel Answer to Discovery filed by attorney for Plaintiff. June 21, 1999 Letter forwarded to attorney for Defendant requesting response to Plaintiff s Motion to Compel Answer to Discovery. 2
June 23, 1999 Copy of Amended Claim forwarded to attorney for Defendant and Chief Deputy Attorney General. Response due from Defendant July 23, 1999. June 25, 1999 The Board rendered an Opinion and made the following Order: AND NOW, this 25th day of June, 1999, it is ORDERED and DECREED that the Amended Complaint is accepted by the Board of Claims and, as a consequence, the Preliminary Objections are DISMISSED as being MOOT. When counsel for the Defendant responds to the Motion to Compel the Board will rule on that particular issue. Copies forwarded to both parties. June 28, 1999 Acceptance of Service of Amended Claim received from attorney for Defendant. Receipt of same acknowledged by attorney for Defendant June 25, 1999. July 1, 1999 Acceptance of Service of Claim received from Chief Deputy Attorney General. Receipt of same acknowledged by Chief Deputy Attorney General June 28, 1999. July 6, 1999 Acceptance of Service of Opinion and Order dated June 25, 1999 received from attorney for Defendant. Receipt of same acknowledged by attorney for Defendant June 30, 1999. July 8, 1999 Protective Order Staying Plaintiff s Discovery Requests Pending Determination of Preliminary Objections; Motion for Protective Order from Plaintiff s Discovery Requests and Stay of Proceedings Pending Determination of Preliminary Objections filed by attorney for Defendant. July 8, 1999 Order Denying Plaintiff s Motion to Compel Answer to Discovery; Defendant s Response to Plaintiff s Motion to Compel Answer to Discovery. Filed by attorney for Defendant. Copy forwarded to attorney for Plaintiff by attorney for Defendant. July 16, 1999 3
Defendant s Preliminary Objections to Plaintiff s Amended Complaint and Brief in Support of Preliminary Objections, Commonwealth of Pennsylvania, Department of Labor and Industry, State Workers Insurance Fund filed by attorney for Defendant. Copy forwarded to attorney for Plaintiff by attorney for Defendant. August 9, 1999 Reply of Plaintiff to Motion for Protective Order of Defendant filed by attorney for Plaintiff. Copy forwarded to attorney for Defendant by attorney for Plaintiff. August 16, 1999 Brief of Plaintiff in Opposition to Preliminary Objections of Defendant filed by attorney for Plaintiff. attorney for Defendant by attorney for Plaintiff. September 10, 1999 Copy forwarded to The Board rendered an Opinion and made the following Order: AND NOW, this 10th day of September, 1999, it is ORDERED and DECREED that further discovery is Stayed until an Opinion is issued on the Preliminary Objections to the Amended Complaint. Copy forwarded to attorney for Plaintiff and attorney for Defendant. September 14, 1999 Acceptance of Service of Opinion and Order dated September 10, 1999 received from attorney for Plaintiff. Receipt of same acknowledged by attorney for Plaintiff September 14, 1999. September 17, 1999 Acceptance of Service of Opinion and Order dated September 10, 1999 received from attorney for Plaintiff. Receipt of same acknowledged by attorney for Plaintiff September 15, 1999. July 24, 2000 4
The Board rendered an Opinion and made the following Order: AND NOW, this 24th day of July, 2000, Defendant s Preliminary Objections on the grounds of failure to state a cause of action and failure to join an indispensable party are DISMISSED. Defendant s Preliminary Objection on the grounds of failure to attach a copy of the writing in question is hereby GRANTED with leave of Plaintiff to file an Amended Complaint attaching the policy or alleging grounds for its failure to do so within twenty (20) days from the exit date of this Order. Copies forwarded to Plaintiff and Defendant. July 28, 2000 Acceptance of Service of Opinion and Order dated July 24, 2000 received from attorney for Plaintiff. by attorney for Plaintiff July 26, 2000. August 1, 2000 5 Receipt of same acknowledged Acceptance of Service of Opinion and Order dated July 24, 2000 received from attorney for Defendant. Receipt of same acknowledged by attorney for Defendant July 31, 2000. August 8, 2000 *Second Amended Complaint filed by attorney for Plaintiff. Amount of Claim: Unchanged. August 14, 2000 Copy of Amended Complaint forwarded to attorney for Defendant and Chief Deputy Attorney General. Response due from Defendant 9/14/00. August 18, 2000 Acceptance of Service of Second Amended Claim filed by Chief Deputy Attorney General. Receipt of same acknowledged by Chief Deputy Attorney General. September 14, 2000 Defendant s Answer to Plaintiff s Second Amended Complaint, Amended Complaint, and New Matter filed by attorney for Defendant. Copy forwarded to attorney for Plaintiff by attorney for Defendant. October 12, 2000 Motion for Sanction filed by attorney for Plaintiff. Response due from Defendant. 11/7/00. Copy forwarded to attorney for Defendant by attorney for Plaintiff. October 12, 2000 Reply to New Matter filed by attorney for Plaintiff. Copy forwarded to attorney for Defendant by attorney for Plaintiff.
October 12, 2000 Certificate of Service of Set I Request for Admissions Directed to Defendant filed by Plaintiff. November 7, 2000 Defendant s Response to Plaintiff s Motion for Sanctions filed by attorney for Defendant. Copy given to attorney for Plaintiff by attorney for Defendant. December 11, 2000 Letter received from attorney for Defendant advising that they mailed to Plaintiff their Answer to Plaintiff s Interr. and Request for Prod. of Documents, Set I, but have not yet forwarded it to the Board. January 11, 2001 Letter received from attorney Plaintiff advising that they are in receipt of Defendant s Answer to Set I Interrogatories and Request for Production of Documents Directed to Defendant. March 30, 2001 The Board rendered an Opinion and made the following Order: "AND NOW, this 30th day of March, 2001, upon consideration of Defendant's compliant with Plaintiff's discovery request and of the Plaintiff's request to withdraw its Motion for Sanctions, it is hereby ORDERED that the Motion for Sanctions be deemed MOOT and WITHDRAWN." Copy forwarded to attorney for Plaintiff and attorney for Defendant. April 4, 2001 Acceptance of Service of Opinion and Order dated March 30, 2001 received from attorney for Defendant. Receipt of same acknowledged by attorney for Defendant April 1, 2001. July 2, 2001 Letter forwarded to parties requesting a status. Due 8/2/01. August 1, 2001 Letter received from Defendant advising that they intend to schedule depositions and/or serve interrogatories upon the president and certain employees of Plaintiff, as well as auditors involved in this matter to prepare its defense in this action. Defendant further advises that the depositions should be set for September or October. August 2, 2001 Letter received from Plaintiff requesting a mediation conference be scheduled by the Board. Plaintiff further advises that the allegations and difficulties that have developed in the litigation thus far has made communications difficult between the parties. 6
November 5, 2001 Letter/Praecipe received from attorney for Plaintiff advising that this matter has been settled between the parties. December 13, 2001 The Board made the following Order: AND NOW, this 13th day of December, 2001, upon receipt of Plaintiff s Praecipe acknowledging resolution of the controversy it is hereby ORDERED that the Complaint docketed to Board of Claims No. 2849 is WITHDRAWN and DISMISSED with prejudice. It is so ORDERED. Copy forwarded to attorney for Plaintiff and Defendant. December 19, 2001 Acceptance of Service of Opinion and Order dated December 13, 2001, received from attorney for Defendant. Receipt of same acknowledged by attorney for Defendant December 18, 2001. December 27, 2001 Acceptance of Service of Opinion and Order dated December 13, 2001, received from attorney for Plaintiff. Receipt of same acknowledged by attorney for Plaintiff December 26, 2001. 7
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